ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, APRIL 4, 2005 AT 1:30 P.M.ALL MEMBERS PRESENTPUBLIC HEARING
LIQUOR RESOLUTIONS
1) Application of Kwik Shop, Inc. for a Class D
liquor license at the following Kwik Shop
locations: #635 at 2330 North 1st Street, #634 at
2940 North 14th Street, #637 at 2710 W Street,
#646 at 3301 Holdrege Street, #632 at 5900 Fremont
Street, #663 at 4400 Cornhusker Highway, #618 at
4750 Calvert Street, #620 at 1111 North Cotner
Boulevard, #650 at 5600 Holdrege Street, and #662
at 2040 South 56th Street. (ADOPTED FOR APPROVAL,
7-0; A-83260)PUBLIC HEARING
ORDINANCES - 2ND READING & ASSOCIATED RESOLUTIONS
(ITEMS 2 THRU 11 HAD 2ND READING)
2) 05-30 Amending Section 12.04.010 of the Lincoln
Municipal Code relating to the Park and
Recreation Advisory Board Membership to allow
greater flexibility in the requirements for
student appointments to serve on the Board.
Fact Sheet (55K)
3) 05-32 Amending Section 17.30.050 of the Lincoln
Municipal Code to correct an erroneous
reference to Section 17.22.095 found in
subsection (b) of Section 17.30.050 to
correctly refer to Section 17.22.100 because
Section 17.22.095 was renumbered Section
17.22.100 during the LMC recodification
process.
Fact Sheet (14K)
4) 05-33 Annexation 05001 - Amending the Lincoln
Corporate Limits Map by annexing approximately
100.00 acres of property generally located at
North 1st Street and Fletcher Avenue.
(In connection w/05R-69, 05-34)Fact Sheet (310K)
Attachment (322K)
5) 05R-69 Approving the 1st and Fletcher Conditional
Annexation and Zoning Agreement between the City
and Carlton Paine & Judith Paine, Glenn Umberger &
Lois Umberger, and Umberger Farms Ltd., relating
to the annexation of approximately 100.69 acres,
generally located southeast of North 1st Street
and Fletcher Ave. (In connection w/05-33,
05-34)(Action Date: 4/11/05)Attachment (38K)
6) 05-34 Change of Zone 05002 - Application of Lindsey
Management Company for a change of zone from
AG Agricultural District to R-3 Residential
District on property generally located at
Highway 34 and Fletcher Avenue; designating
said property as a Planned Unit Development;
and for approval of a development plan for
612 dwelling units, a clubhouse, private golf
course and 60,000 square feet of commercial
floor area (or 696 dwelling units if the
commercial use is deleted) in the underlying
R-3 Residential District with a requested
waiver of the required preliminary plat
process. (In connection w/05R-69, 05-33)Fact Sheet (545K)
7) 05-35 Change of Zone 05010 - Application of
Thompson Creek LLC for a change of zone from
R-3 Residential District to O-3 Office Park
District on property generally located at
South 56th Street and Thompson Creek Blvd.
(In connection w/05R-67) Fact Sheet (158K)
8) 05R-67 Use Permit 141A - Appeal of Thompson Creek LLC
Approval from the Planning Commission action conditionally
Denial approving Use Permit No. 141A on property
generally located at South 56th Street and
Thompson Creek Blvd. subject to the requirement
that the pavement in South 57th Street be 33 feet
wide and that angle parking be provided along
South 57th Street, and that a traffic study be
provided. (In connection w/05-35) (Action
Date: 4/11/05)Fact Sheet (441K)
9) 05-36 Change of Zone 05013 - Application of the
State of Nebraska Department of Labor for a
change of zone from O-1 Office District to P
Public Use District, on property generally
located at 16th and K Streets.
Fact Sheet (157K)
10) 05-37 Change of Zone 05014 - Application of the
Near South Neighborhood Association for a
change of zone from R-7, R-6, R-5 and R-4
Residential District to R-2 Residential
District and P Public Use District on
property generally located between A and
South Streets, 13th to 27th Streets; F and A
Streets, 18th to 19th Streets; and F and A
Streets, 20th to 27th Streets.
Fact Sheet (2083K)
11) 05-38 Change of Zone 05017 - Application of Boyce
Construction for a change of zone from I-1
Industrial District to R-4 Residential
District and H-3 Highway Commercial District
on property generally located southwest of
North 26th Street and Old Dairy Road.
Fact Sheet (310K)
PUBLIC HEARING - RESOLUTIONS
12) 05R-62 Approving an agreement between the City and the
State of Nebraska for long-term loan and display
of the Nebraska Liberty Bell in Antelope Park.
(ADOPTED, 7-0; A-83261)Fact Sheet (63K)
Attachment (90K)
13) 05R-68 Use Permit 04003 - Application of Muff-Stettinger
LLC to develop Ashley Heights Commercial Center
for 93,500 square feet of commercial area in an
existing B-2 Planned Neighborhood Business
District, with requested waivers for side and
front yard setbacks, to allow free standing signs
for pad sites to be more than 30 feet from the
building, to allow lots that do not front upon a
public or private street, and to waive the
preliminary plat process, on property generally
located north of West Huntington Avenue and east
of Northwest 48th Street. (AMENDED, 7-0; ADOPTED
AS AMENDED, 7-0: A-83262)Fact Sheet (397K)
14) 05R-70 Approving a Redevelopment Agreement between the
City and Brighton Construction Company for an
affordable housing project located between Vine,
U, 23rd, and 24th Streets. (ADOPTED, 7-0; A-83263)Fact Sheet (79K)
Attachment (56K)
15) 05R-71 Approving an Addendum extending the term of the
Agreement between the City and Saint Elizabeth
Health Systems and its subsidiaries for medical
services for the treatment of Workers Compensation
injuries and illnesses to employees of the City
and LES to April 10, 2006 and to revise the fee
schedule. (ADOPTED, 7-0; A-83264)Fact Sheet (20K)
- END OF PUBLIC HEARING -CONSENT AGENDA:PETITIONS & COMMUNICATIONS
16) Setting the hearing date of Monday, April 18, 2005
at 1:30 p.m. on the application of The Green House
LLC dba Dish for a Class I Liquor License including a
sidewalk caf‚ described as an L-shaped area measuring
approximately 53 feet by 61 feet located at 1100 "O"
Street. (ADOPTED, 7-0; A-83265)
17) Setting the hearing date of Monday, April 18, 2005
at 1:30 p.m. on the application of Brock Enterprises
LLC dba The Bristo Ballroom for a Class I Liquor License
located at 2112 Cornhusker Highway. (ADOPTED, 7-0;
A-83266)
18) Setting the hearing date of Monday, April 18, 2005
at 1:30 p.m. on the application of Sekips Inc dba
Spikes Beach Bar & Grille for a Class C Liquor License
located at 2300 Judson Street. (ADOPTED, 7-0; A-83267)
19) MISCELLANEOUS REFERRALS
Clerk's Letter and Mayor's Approval of Ordinances and
Resolutions that were Passed the City Council on
March 28, 2005. (PLACED ON FILE)
Lincoln Water & Wastewater System Recapitulation of
Daily Cash Receipts for march, 2005. (PLACED ON FILE)
Report from City Treasurer of Franchise Tax for the month
of February, 2005. (PLACED ON FILE)
Setting the hearing date of Monday, April 18, 2005 at
1:30 p.m. on the application of Playmakers Inc dba
Playmakers for a Class C Liquor License including an
outdoor area measuring approximately 185 feet by 190
feet located at 640 W. Prospector Court, Suite 300.
(ADOPTED, 7-0; A-83268)
Report from City Treasurer Telecommunications
Occupation Tax for the month of January, 2005: Verizon
Select Services, KDDI America Inc, Quantum Shirt Comm,
XO Communications Services Inc, Voicecom Telecomm,
TracFone Wireless Inc, Qwest Commications Corp,
T-Netix Telecom Services Inc, One Call Comm,
Guaranteed Phone Services, USA Inc, IBM Global Services,
Star Numbers Inc, Trans National Communications
International Inc, Telecorp Comm, Global Crossing
Telecommunications, UCN Inc, Cincinnati Bell Any
Distance Inc, Working Assests Funding Service,
McLeodUSA Telecommunications Services, Virgin Moblie
USA, On Star Corporation, Bell-Atlantic Communications,
ACN Communications Services, CIII Communications
Operations, Intellical Operator Services, Primus
Telecommunications, ECI Communications Inc, Alltel
Nebraska Inc, New Cingular Wireless, Cricket
Communications Inc, USCOC of Greater Iowa, AT&T
Communications of Midwest, Nebraska Technology &
Telecommunications; February, 2005: ATS Mobile
Telephone Inc, Vartec, Excel, NOSVA Limited Partnership,
Affinity Network Inc, Association Administrators,
Tri-M Communications Inc, Lightyear Networks
Solutions Inc, LDMI Telecommunications Inc,
GTC Telecom Corp, NOS Communications Inc,
Acceris Communications Corp, Zone Telecom Inc,
GlobalCom Inc, Southwestern Bell Comm Services,
Nextel West Corp, Guaranteed Phone Service, Nextel
Partners, Sprint Spectrum, Cellular One, Sprint Comm,
MCI WorldCom Network Services. (PLACED ON FILE)THE FOLLOWING HAVE BEEN REFERRED TO THE PLANNING
DEPARTMENT:Change of Zone 04062 - Application of the Planning
Director, to amend Title 27 of the Lincoln Municipal
Code relating to Zoning by adding a new section
defining alternative to imprisonment facility,
child care facility, and disability; revising the
definitions of group home and health care facility;
adding special permits for alternative to imprisonment
facility and child care facility in the AGR and R-1
through R-8 residential districts, and repealing certain
other sections of the Lincoln Municipal Code.
Change of Zone 04066 - Application of the Planning
Director, to amend Title 27 of the Lincoln Municipal Code
relating to the Zoning Code by adding a new section numbered
27.03.417 to add a definition for major street; by amending
Sections 27.31.090, 27.37.060, 27.45.070, and 27.51.090 to
reduce the required front yard in the B-2, B-5, H-4 and I-3
zoning districts when the front yard abuts a major street;
by amending Section 27.67.030 to prohibit parking in the front
six feet of the required front yard in the B-1, H-1, H-2,
and H-3 zoning districts; by amending Section 27.71.080
to require a fence installed on a double frontage lot that
separates the double frontage lot from the abutting public
property to have a gate or opening in the fence to facilitate
routine care of such public property unless the public property
is maintained by a homeowners association; and repealing
Sections 27.31.090, 27.37.060, 27.45.070, 27.51.090, 27.67.030,
and 27.71.080 of the Lincoln Municipal Code as hitherto existing.
Change of Zone 05020 - Application of Prairie Homes, from AG
Agricultural District to R-3 Residential, R-5 Residential District,
B-2 Planned Neighborhood Business District, and O-3 Office Park
District, on property generally located at N. 84th Street and
Adams Street.
Change of Zone 05023 - Application of Richard Evans, from R-2
Residential District to R-3 Residential District, on property
generally located at N. Cotner Boulevard and Orchard Street.
Change of Zone 05024 - Application of Brain Carstens on
behalf of Hartland Homes, from AG Agricultural District to R-3
Residential District, on property generally located at N. 14th
Street and Humphrey Avenue.
Special Permit No. 05015 - Application of Brain Carstens
on behalf of Hartland Homes, Hartland Homes, Hartland's Garden Valley
Community Unit Plan, for approximately 326 dwelling units, with
requests to waive the preliminary plat process, block length, average
lot width, lot area, double frontage lots, pedestrian easements,
and sanitary sewer running opposite of street grade, on property
located at N. 14th Street and Humphrey Avenue.
Change of Zone 05025 - Application of Ironwood Estates LLC,
from AG Agricultural District to R-3 Residential District, on
property located at S. 93rd Street and Old Cheney Road.
Special Permit No. 05017 - Application of Ironwood Estates LLC,
Ravenwood Community Unit Plan, for approximately 44 single family
dwellings and 5 outlots, with requests to waive the preliminary
plat process, allow sanitary sewer to run opposite the street grade,
and greater than maximum block lengths, on property located at
S. 93rd Street and Old Cheney Road.
Change of Zone No. 05026 - Application of Apple's Way LLC,
Apple's Way Planned Unit Development, from AGR Agricultural Residential
District to R-1 Residential District and B-2 Planned Neighborhood
Business District, for 32 lots and 235,000 square feet of commercial
floor area, on property located at S. 66th Street and Highway 2.
REPORTS OF CITY OFFICERS - NONE - END CONSENT AGENDA -ORDINANCES - 1ST READING & ASSOCIATED RESOLUTIONS
(ITEMS 20 THRU 23 HAD 1ST READING)
20) 05-39 Approving a contract between the City and Lincoln
Haymarket Development Corp. to operate and regulate
a Saturday public market in the Haymarket area, 7th
Street from P to Q Streets and P Street from 7th to
8th Streets.
Fact Sheet (62K)
Attachment (308K)
21) 05-40 Approving a ten-year License Agreement between the
City and HobbyTown Unlimited for the use of a portion
of Oak Lake Park to develop and maintain a model car
race track.
Fact Sheet (13K)
Attachment (453K)
22) 05-41 Change of Zone 05006 - Application of Lyle Mayer for
a change of zone from AG Agricultural District to AGR
Agricultural Residential District on property generally
located at the northeast corner of Southwest 84th Street
and West Pioneers Blvd. (In connection w/05R-74)Fact Sheet (269K)
23) 05R-74 Appeal of Hub Hall and Lyle Mayer from the Planning
Approval Commission denial of Special Permit 05003 to develop
Denial Meadow View 2nd Addition Community Unit Plan for 57
dwelling units in split jurisdiction, with requested
waivers of the required ornamental lighting, sidewalks,
street trees, landscape screens, block length,
preliminary plat process, non-perpendicular lot lines,
lot depth to width ratio and to allow sanitary sewer to
flow opposite street grade, on property generally
located at the northeast corner of Southwest 84th Street
and West Pioneers Blvd. (In connection w/05-41)
(Action Date: 4/18/05)
Fact Sheet (1659K)
ORDINANCES - 3RD READING
24) 05-31 Repealing Ordinance No. 18398 creating Sanitary Sewer
District No.1180 in South Folsom Street and West
South Street, south approximately 1250 feet due to
construction costs exceeding the estimated cost by more
than 25%. (PASSED, 7-0; #18518)Fact Sheet (58K)
RECONSIDERATION OF RESOLUTION A-83258
25) Comp. Plan Amendment 05001 - Amending the 2025
Lincoln City-Lancaster County Comprehensive Plan and
the Future Lane Use Plan to include the Stevens Creek
Watershed Master Plan as a subarea plan. (To
clarify a Motion to Amend) (MOTION TO RECONSIDER, 6-1;
DISSENTING: FRIENDT; AMENDED, 7-0; ADOPTED AS AMENDED,
7-0; A-83258)PENDING LIST - DATE CERTAIN - NONEPENDING LIST (EXTENDED ONE WEEK)
26) 00-65 Change of Zone 3196 - App. of the Interim Planning
Director for a change from B-1 Local Business & R-3
Residential to B-2 Planned Neighborhood Business &
from R-3 Residential to AGR Agricultural Residential,
on property generally located at S. Coddington Ave. &
W. Van Dorn St. (In connection w/00-67) (4/17/00 -
Placed on Pending) (3/5/01 - Placed on Pending)Fact Sheet (1494K)
27) 00-67 Change of Zone 3247 - App. of the Interim Planning
Director for a change from AGR Agricultural Residential
& R-3 Residential to B-2 Planned Neighborhood Business,
on property generally located on the southwest corner
of S. Coddington Ave. & W. Van Dorn St. (In connection
w/00-65) (4/17/00 - Placed on Pending) (3/5/01 - Placed on
Pending)Fact Sheet (949K)
28) 01-39 Vacating the south 40' of X St. adjacent to Lot 1, Block 6,
North Lincoln Add., generally located at N. 9th & X Sts.
(4/2/01 - Action delayed for two weeks to 4/16/01) (4/16/01 -
Placed on pending for 3 months 7/16/01) (7/9/01 - To
remain on Pending)Fact Sheet (1194K)
29) 02-31 Vacating a 5' x 30'6" portion of North 7th Street adjacent
to the south 37' of Lot 9, Block 32, Original Plat of Lincoln,
generally located at N. 7th and P Streets. (3/18/02 - Public
Hearing Cont'd. w/3rd Reading)(3/25/02- Action delayed to
4/8/02) (In connection w/02R-64) (4/8/02 - Placed on
Pending until policy recommendation from Urban Development)Fact Sheet (698.8K)
30) 02-114 Amending Chapter 2.54 of the Lincoln Municipal Code by
adding a new section entitled "Standards of Ethical Conduct
for Employees and Elected Officials" to supplement the existing
conflicts of interest regulations. (7/29/02 - Placed on
Pending until a committee is formed)Fact Sheet (3K)
31) 04-188 Annexation 03001 - Amending the Lincoln Corporate
Limits Map by annexing approximately 214 acres of
property generally located at North 56th Street
and Arbor Road. (In connection 04R-273, 04-189,
04R-272)(10/11/04 - Placed on Pending
Indefinitely)Fact Sheet (237K)
32) 04R-273 Approving the North Bank Junction Annexation and
Zoning Agreement between the City and Roger &
Eldonna Schwisow and Hartland Homes, Inc. relating
to the annexation of approximately 214 acres on
property generally located at North 56th Street
and Arbor Road. (In connection w/04-188,
04-189, 04R-272) (10/11/04 - Placed on Pending
Indefinitely)Attachment (527K)
33) 04-189 Change of Zone 3398 - Application of Hartland
Homes, Inc., Rodger & Eldonna Schwisow for a
change of zone from AG Agricultural to R-3
Residential for approximately 123 acres and H-4
General Commercial for approximately 21 acres on
property generally located at North 56th Street
and Arbor Road. (In connection w/04-188, 04R-273,
04R-272) (10/11/04 - Placed on Pending Indefinitely)Fact Sheet (217K)
34) 04R-272 Special Permit 2004 - Application of Hartland
Homes, Inc., Rodger & Eldonna Schwisow to develop
125,000 sq. ft. of planned service commercial
floor area, with variances to the rear and side
yard setback requirements on property located at
North 56th Street and Arbor Road. (In connection
w/04-188, 04R-273, 04R-189, 04R-272) (10/11/04 -
Placed on Pending Indefinitely)Fact Sheet (535K)
35) 05R-29 Application of Capital Humane Society for a waiver
of Lincoln Municipal Code Chapter 2.81 Living Wage
Ordinance. (2/14/05 - Pending, No Date
Certain)Fact Sheet (38K)
Attachment (657K)
WITH COUNCIL APPROVAL, THE FOLLOWING RESOLUTIONS WILL HAVE PUBLIC
HEARING ON MONDAY, APRIL 11, 2005 AT 1:30 P.M.:(APPROVED, 7-0)
36) 05R-72 Approving a contract involving the expenditure of money
from appropriations of more than one fiscal year of CIP
funds for Pine Lake Road from 40th Street to 61st
Street including South 56th Street from Shadow Pines
Drive to Thompson Creek Boulevard, City Project No. 700014.
Fact Sheet (60K)
37) 05R-73 Accepting an offer of donation in the amount of $5,000.00
for the funding of the StarTran Ride for Five Program.
Attachment (33K)
Please note: During the Open Microphone & Registered Section of
the agenda, individuals are allowed a total of 5 minutes to speak
whether registered or not regardless of number of topics. The
Open Microphone and Registered Section is available on the
2nd & Last Monday of each month.ANY PERSON DESIRING TO HAVE THEIR NAME & SUBJECT MATTER LISTED
ON THE FORMAL AGENDA PERTAINING TO MATTERS NOT ON THE
CURRENT AGENDA, OR NOT SCHEDULED TO APPEAR ON A FUTURE
AGENDA, SHOULD NOTIFY THE CITY CLERK BY 10:00 A.M. ON THE
WEDNESDAY (4/6/05) PRIOR TO THE NEXT FORMAL CITY
COUNCIL MEETING (4/11/05).ANYONE WISHING TO ADDRESS THE COUNCIL ON A MATTER NOT ON THIS
AGENDA, AND NOT PLANNED TO APPEAR ON A FUTURE AGENDA,
MAY DO SO AT THIS TIME.THE OPEN MICROPHONE SESSIONSFOR APRIL WILL BE THE 11TH AND 25TH.ADJOURNMENT 4:50 P.M.
***
The City Council Meeting
which is broadcast live at 1:30 p.m. every Monday and
at 5:30 p.m. on the last Monday of each month
will be rebroadcast on Saturdays at 1:00 p.m.,
Immediately following the Pre-Council Meeting
on 5 City-TV, Cable Channel 5.
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The City Council Agenda and Action Sheet may be accessed on the
Internet at: lincoln.ne.gov
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